Ram Chander v. New Delhi Municipal Council & ANR.

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 450/2025 CM APPL. 17374/2025 RAM CHANDER .....Petitioner Through:

Mr. Lakshay Sawhney, Mr. Mohd.

Noumaan and Mr. Mohd. Huzaifa, Advs. along with Petitioner in-person.

versus NEW DELHI MUNICIPAL COUNCIL & ANR. .....Respondent Through:

Mr. Sriharsha Peechara, SC for NDMC with Ms. Kriti Sinha, Mr.

Akshat Kulshrestha and Mr. D.S.

Bhanu, Advs.

Mr. Dhruv Mohan, ASC for NDMC with Ms. Tarana Khan and Ms.

Anannya Kohli, Advs.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 25.03.2025 CM APPL. 17373/2025 (Exemption) 1.

Exemption allowed subject to just exceptions. 2.

Application stands disposed of, accordingly.

CONT.CAS(C) 450/2025 1.

This petition has been filed alleging wilful disobedience of the order dated 06th February 2025 passed by this Court in W.P.(C) 1438/2025. The directions passed by this Court in the said order are extracted as under: "4.It is the case of the Petitioner that there are no past arrears and the demand raised in impugned bills is completely illegal, a submission which is refuted by learned counsel for the Respondents/NDMC, who appears on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

advance copy of the writ petition. Petitioner has been repeatedly representing to NDMC to look into the inflated amount as there are no arrears as also illegality in enhancing the license fee many fold.

5. In my view, at this stage, it would be appropriate to dispose of this writ petition without entering into merits of the case with a direction to NDMC to treat this writ petition as a representation and decide the matter within a period of five weeks from today. Needless to state that before taking a decision, the Petitioner will be called for a personal hearing for which time, date and venue will be intimated to the Petitioner. It will be open to the Petitioner to furnish documents in support of his submission that he is not entitled to pay any arrears and/or enhanced license fee. In case of any surviving/further grievance, the Petitioner will be entitled to take legal remedies.

6. Learned counsel for the Respondents, on instructions, states that as on date there is no proposal for taking coercive action against the Petitioner, a statement which is taken on record."

2.

It is stated by counsel for petitioner that no notice was given for personal hearing and at the same time demand notices were being issued by the NDMC inter alia notice dated 03rd March 2025 demanding outstanding arrears upto February 2025 as Rs.19,37,023/-. 3.

After the filing of the contempt petition, it transpires that a notice has been furnished by the NDMC, although, the counsel for the NDMC, who appears on advance notice, states that letter was issued on 08th March 2025. 4.

Although, there is a dispute relating to whether this letter was issued prior or pursuant to the filing of the contempt petition, at this moment, counsel for NDMC states that a hearing has already been done on 17th March 2025 and a reasoned decision is to be taken. 5.

Accordingly, the said decision shall be taken on or before 15th April The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2025.

6.

In the meantime, there shall be no coercive action on the petitioner considering the statement made by the counsel for NDMC as recorded in order dated 06th February 2025.

7.

Once the reasoned decision is taken, the same shall be communicated forthwith to the petitioner/counsel for the petitioner. 8.

Needless to state, the petitioner will be entitled to pursue legal remedies in accordance with law relating to the said decision, in case there is any residual grievance.

9.

Accordingly, the petition is disposed of with the aforesaid directions. 10.

Pending applications, if any, are also disposed of as being rendered infructuous.

11.

Order be uploaded on the website of this Court. ANISH DAYAL, J MARCH 25, 2025/MK/na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.